Decree No. 152/2020/NĐ-CP on foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

DECREE

REGULATIONS ON FOREIGN WORKERS WORKING IN VIETNAM AND THE RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Labor Code on November 20, 2019;

BASED ON THE INVESTMENT LAW ON January 17 May 14, 2016 Government Decree detailing some provisions and measures to implement the Law on Legislative Regulatory Documents;

Pursuant to the Law on Enterprises dated June 17, 2020;

Decree No. 07/2021/NĐ-CP

THE GOVERNMENT ISSUES THIS DECREE TO REGULATE FOREIGN WORKERS WORKING IN VIETNAM AND THE RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

THIS DECREE REGULATES FOREIGN WORKERS WORKING IN VIETNAM AND THE RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM AS PROVIDED FOR IN THE FOLLOWING ARTICLES AND CLAUSES OF THE LABOR CODE:

1. CONDITIONS, PROCEDURES FOR GRANTING, RENEWAL, EXTENSION, REVOCATION OF WORK PERMITS AND CONFIRMATION LETTERS THAT FOREIGN WORKERS ARE NOT REQUIRED TO HAVE WORK PERMITS WHEN WORKING IN VIETNAM UNDER ARTICLE 157 OF THE LABOR CODE AND FOREIGN WORKERS WHO ARE NOT REQUIRED TO HAVE WORK PERMITS UNDER CLAUSE 1, 2 AND 9 OF ARTICLE 154 OF THE LABOR CODE.

2. RECRUITMENT, INTRODUCTION, AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM (HEREINAFTER REFERRED TO AS FOREIGN ORGANIZATIONS AND INDIVIDUALS) UNDER CLAUSE 3 OF ARTICLE 150 OF THE LABOR CODE.

Article 2. Applicability

1. FOREIGN LABOR IS A CITIZEN OF ANOTHER COUNTRY ENTERING VIETNAM TO WORK (HEREINAFTER REFERRED TO AS FOREIGN WORKERS) IN THE FOLLOWING FORMS:

a) Performing labor contracts;

b) Internal transfer within a business;

c) IMPLEMENTING ECONOMIC, TRADE, FINANCIAL, BANKING, INSURANCE, SCIENTIFIC AND TECHNICAL, CULTURAL, SPORTS, EDUCATION, VOCATIONAL TRAINING AND HEALTH CONTRACTS OR AGREEMENTS;

d) Service provider under a contract;

đ) Offering services;

e) WORKING FOR FOREIGN NON-GOVERNMENTAL ORGANIZATIONS AND INTERNATIONAL ORGANIZATIONS OPERATING IN VIETNAM IN ACCORDANCE WITH VIETNAMESE LAWS;

g) VOLUNTEERS;

h) PERSON RESPONSIBLE FOR ESTABLISHING FOREIGN BUSINESS PRESENCE;

i) MANAGERS, EXECUTIVE DIRECTORS, EXPERTS, TECHNICAL WORKERS;

k) PARTICIPATING IN IMPLEMENTING PROJECTS AND TENDER PACKAGES IN VIETNAM;

l) RELATIVES OF STAFF OF FOREIGN REPRESENTATIVE OFFICES IN VIETNAM PERMITTED TO WORK IN VIETNAM IN ACCORDANCE WITH INTERNATIONAL TREATIES TO WHICH THE SOCIALIST REPUBLIC OF VIETNAM IS A PARTY.

2. EMPLOYERS OF FOREIGN WORKERS INCLUDE:

a) ENTERPRISES OPERATING UNDER THE ENTERPRISE LAW, INVESTMENT LAW, OR INTERNATIONAL TREATIES TO WHICH THE SOCIALIST REPUBLIC OF VIETNAM IS A PARTY;

b) BIDDERS AND CONTRACT IMPLEMENTERS;

c) REPRESENTATIVE OFFICES AND BRANCHES OF ENTERPRISES, ORGANIZATIONS ESTABLISHED WITH PERMISSION FROM COMPETENT AUTHORITIES;

d) STATE AGENCIES, POLITICAL ORGANIZATIONS, POLITICAL-PROFESSIONAL ORGANIZATIONS, PROFESSIONAL-PROFESSIONAL ORGANIZATIONS, SOCIAL ORGANIZATIONS, SOCIAL-PROFESSIONAL ORGANIZATIONS;

đ) FOREIGN NON-GOVERNMENTAL ORGANIZATIONS REGISTERED BY VIETNAMESE COMPETENT AUTHORITIES IN ACCORDANCE WITH VIETNAMESE LAWS;

e) PUBLIC SERVICE ORGANIZATIONS, EDUCATIONAL INSTITUTIONS ESTABLISHED IN ACCORDANCE WITH LAWS;

g) INTERNATIONAL ORGANIZATIONS, OFFICES OF FOREIGN PROJECTS IN VIETNAM; AGENCIES AND ORGANIZATIONS ESTABLISHED AND OPERATING IN ACCORDANCE WITH LAWS BY THE GOVERNMENT, MINISTRIES, AND SECTORS;

h) MANAGEMENT OFFICES OF FOREIGN INVESTORS IN JOINT VENTURE CONTRACTS OR FOREIGN CONTRACTORS REGISTERED TO OPERATE IN ACCORDANCE WITH LAWS;

i) LEGAL PRACTICE ORGANIZATIONS IN VIETNAM IN ACCORDANCE WITH LAWS;

k) COOPERATIVES AND ASSOCIATIONS OF COOPERATIVES ESTABLISHED AND OPERATING IN ACCORDANCE WITH THE COOPERATIVE LAW;

l) HOUSEHOLDS AND INDIVIDUALS PERMITTED TO ENGAGE IN BUSINESS ACTIVITIES IN ACCORDANCE WITH LAWS.

3. FOREIGN ORGANIZATIONS IN VIETNAM ARE FOREIGN AGENCIES AND ORGANIZATIONS PERMITTED TO OPERATE IN VIETNAM BY VIETNAMESE COMPETENT AUTHORITIES, INCLUDING:

a) FOREIGN DIPLOMATIC MISSIONS, CONSULAR AGENCIES, AND OFFICES OF INTERNATIONAL ORGANIZATIONS BELONGING TO THE UNITED NATIONS SYSTEM, REGIONAL, AND SUBREGIONAL ORGANIZATIONS;

b) PERMANENT REPRESENTATIVE OFFICES OF FOREIGN NEWS AGENCIES, MEDIA, RADIO, AND TELEVISION;

c) INTERNATIONAL ORGANIZATIONS, INTERGOVERNMENTAL ORGANIZATIONS, AND FOREIGN GOVERNMENT ORGANIZATIONS;

d) FOREIGN NON-GOVERNMENTAL ORGANIZATIONS REGISTERED BY VIETNAMESE COMPETENT AUTHORITIES IN ACCORDANCE WITH LAWS;

đ) REPRESENTATIVE OFFICES IN VIETNAM OF FOREIGN ORGANIZATIONS OPERATING IN THE FIELDS OF ECONOMY, TRADE, FINANCE, BANKING, INSURANCE, SCIENCE AND TECHNOLOGY, CULTURE, EDUCATION, HEALTH, AND FOREIGN LEGAL ADVICE.

4. FOREIGN INDIVIDUALS IN VIETNAM ARE FOREIGN NATIONALS WORKING AT THE ORGANIZATIONS AS PROVIDED FOR IN CLAUSE 3 OF THIS ARTICLE OR PERSONS PERMITTED TO RESIDE IN VIETNAM BY VIETNAMESE COMPETENT AUTHORITIES.

5. VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM.

6. LABOR SERVICE ORGANIZATIONS AND LEASED LABOR COMPANIES PROVIDE SERVICES TO FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM RELATED TO THE RECRUITMENT, INTRODUCTION, AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM.

Article 3. Explanation of Terms

1. FOREIGN WORKERS MOVING WITHIN A COMPANY ARE MANAGERS, EXECUTIVE DIRECTORS, EXPERTS, AND TECHNICAL WORKERS OF A FOREIGN COMPANY THAT HAS ESTABLISHED A BUSINESS PRESENCE IN VIETNAM, TEMPORARILY MOVING WITHIN THE COMPANY TO A BUSINESS PRESENCE IN VIETNAM AND HAVE BEEN HIRED BY THE FOREIGN COMPANY AT LEAST 12 MONTHS CONTINUOUSLY PRIOR TO THE MOVE.

2. VOLUNTEERS ARE FOREIGN WORKERS WORKING IN VIETNAM IN A VOLUNTARY MANNER WITHOUT SALARY TO IMPLEMENT INTERNATIONAL TREATIES TO WHICH THE SOCIALIST REPUBLIC OF VIETNAM IS A PARTY AND HAVE BEEN CONFIRMED BY FOREIGN DIPLOMATIC MISSIONS OR INTERNATIONAL ORGANIZATIONS IN VIETNAM.

3. EXPERTS ARE FOREIGN WORKERS FALLING INTO ONE OF THE FOLLOWING CASES:

b) HAVING AT LEAST 5 YEARS OF EXPERIENCE AND A PROFESSIONAL CERTIFICATE SUITABLE FOR THE POSITION THEY ARE EXPECTED TO WORK IN VIETNAM;

c) SPECIAL CASES DECIDED BY THE PRIME MINISTER UPON THE PROPOSAL OF THE MINISTRY OF LABOR, WAR INVALIDS, AND SOCIAL AFFAIRS.

4. The manager is a person managing a business in accordance with Clause 24, Article 4 of the Enterprise Law or the head or deputy head of an agency or organization.

6. Technical laborer is a foreign worker belonging to one of the following cases:

b) Having at least five years of experience in a job suitable for the position that the foreign worker is expected to work in Vietnam.

7. Commercial presence includes economic organizations with foreign investment; representative offices, branches of foreign traders in Vietnam; management offices of foreign investors under joint venture contracts.

8. Service provider under contract is a foreign worker who has worked for at least two years (24 months) in a foreign enterprise without commercial presence in Vietnam and must meet the requirements for experts as stipulated in Clause 3 of this Article.

9. Foreign worker working under service tendering form is a foreign worker not residing in Vietnam and not receiving remuneration from any source in Vietnam, participating in activities related to representing a service provider in negotiating the sale of services of that provider, provided that they do not sell such services directly to the public and do not directly participate in providing those services.

Chapter II

APPROVAL OF THE NEED TO USE FOREIGN WORKERS; FOREIGN WORKERS NOT ELIGIBLE FOR WORK PERMITS; ISSUANCE, RENEWAL, EXTENSION, AND REVOCATION OF WORK PERMITS

Section 1

APPROVAL OF THE NEED TO USE FOREIGN WORKERS

1. Determination of the need to use foreign workers

a) At least thirty days before the date of intended use of foreign workers, the employer (except contractors) shall be responsible for determining the need to use foreign workers for each position where Vietnamese workers cannot meet the requirements and report and explain to the Ministry of Labor - Invalids and Social Affairs or the People's Committee of the province/city directly under the central government (hereinafter referred to as the Provincial People's Committee) where the foreign workers are expected to work according to Form No. 01/PLI Appendix I promulgated together with this Decree.

During implementation, if there is a change in the need to use foreign workers, the employer must report to the Ministry of Labor - Invalids and Social Affairs or the Provincial People's Committee according to Form No. 02/PLI Appendix I promulgated together with this Decree at least thirty days before the date of intended use of foreign workers.

b) In the case of foreign workers specified in Clauses 3, 4, and 5 of Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12, and 13 of Article 7 of this Decree, the employer does not have to implement the determination of the need to use foreign workers.

2. The Ministry of Labor - Invalids and Social Affairs or the Provincial People's Committee shall issue a written approval or disapproval regarding the use of foreign workers for each position according to Form No. 03/PLI Appendix I promulgated together with this Decree within ten working days from the date of receipt of the report and explanation or the report and explanation of changes in the need to use foreign workers.

Article 5. Use of foreign workers by contractors

In case the contractor has a need to adjust or supplement the number of workers already declared, the project owner must confirm the adjustment plan and supplementary demand for labor required by the contractor according to Form No. 05/PLI Appendix I issued together with this Decree.

3. The project owner shall be responsible for supervising and requiring the contractor to comply with the declared content regarding the use of Vietnamese workers and foreign workers; guiding, urging, and inspecting the contractor to implement regulations on the recruitment and use of foreign workers working for the contractor in accordance with the provisions of the law; monitoring and managing foreign workers to ensure compliance with the provisions of the law; before July 5th and January 5th of each year, the project owner shall report on the situation of using foreign workers for the first six months and annually according to Form No. 07/PLI Appendix I issued together with this Decree.

The reporting data closing period for the first six months is calculated from December 15th of the previous year to June 14th of the reporting period, and the annual reporting data closing period is calculated from December 15th of the previous year to December 14th of the reporting period.

Annually or at any time, the Department of Labor - Invalids and Social Affairs shall take the lead and coordinate with provincial public security agencies, provincial Border Guard Command, or relevant units of the Ministry of National Defense in border areas, ports, islands, strategic regions, key areas, and defense-sensitive areas, and related agencies to inspect the implementation of legal provisions concerning foreign workers working in tender packages implemented by winning contractors within their jurisdiction, and report the inspection results to the People's Committee of the province, the Ministry of Labor - Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of National Defense.

Article 6. Report on the use of foreign workers

1. Before July 5th and January 5th of the following year, employers shall report on the situation of using foreign workers for the first six months of the year and annually according to Model No. 07/PLI in Appendix I issued together with this Decree. The period for finalizing data for the mid-year report runs from December 15th of the previous reporting year to June 14th of the current reporting year, while the period for finalizing annual data runs from December 15th of the previous reporting year to December 14th of the current reporting year.

Section 2

FOREIGN WORKERS NOT ELIGIBLE FOR WORK PERMITS

Article 7. Cases where foreign workers are not eligible for work permits

In addition to the cases stipulated in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code, foreign workers who are not eligible for work permits include:

1. Being the owner or shareholder of a limited liability company with a capital contribution of 3 billion VND or more.

2. Being the Chairman or member of the Board of Directors of a joint stock company with a capital contribution of 3 billion VND or more.

3. Transferring within a business operating in any of the 11 service sectors listed in Vietnam's commitments to the World Trade Organization, including: commerce, information, construction, distribution, education, environment, finance, health, tourism, cultural entertainment, and transportation.

4. Entering Vietnam to provide professional and technical consultancy services or perform other tasks serving research, construction, evaluation, monitoring, management, and implementation of programs and projects funded by official development assistance (ODA) as provided for or agreed upon in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.

5. Being granted a permit to operate in information and press activities in Vietnam by the Ministry of Foreign Affairs in accordance with the law.

7. Volunteers as specified in Clause 2 of Article 3 of this Decree.

8. Entering Vietnam to work in managerial, executive, specialist, or technical positions for less than 30 days and not more than three times in one year.

9. Entering Vietnam to implement international agreements concluded by central-level agencies, provincial-level agencies in accordance with the law.

10. Students and trainees studying at educational institutions abroad with internship agreements in Vietnamese agencies, organizations, and businesses; trainees and probationers on Vietnamese ships.

11. Relatives of members of foreign representative offices in Vietnam as specified in Point 1, Clause 1 of Article 2 of this Decree.

12. Holding a diplomatic passport to work for state agencies, political organizations, or political-social organizations.

13. The person responsible for establishing a commercial presence.

Article 8. Confirmation of Foreign Workers Not Requiring Work Permits

1. The Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs with jurisdiction shall confirm foreign workers not requiring work permits.

In cases stipulated in Clause 4, 6, and 8 of Article 154 of the Labor Code and Clauses 1, 2, 8, and 11 of Article 7 of this Decree, there is no need to go through the confirmation procedure for foreign workers not requiring work permits, but information must be reported to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work, including: full name, age, nationality, passport number, name of the employer, start date and end date of employment, at least three days prior to the expected start date of the foreign worker's employment in Vietnam.

The maximum validity period for confirming foreign workers not requiring work permits is two years and according to the duration of one of the cases specified in Article 10 of this Decree. For renewal of confirmation of foreign workers not requiring work permits, the maximum validity period is also two years.

3. Documents for requesting confirmation of not requiring a work permit include:

a) A request letter for confirmation of foreign workers not requiring a work permit according to Model No. 09/PLI Appendix I issued together with this Decree;

b) Health certificate or health examination certificate as prescribed in Clause 2 of Article 9 of this Decree;

c) Approval document for the need to use foreign workers, except in cases where it is not necessary to determine the need to use foreign workers;

đ) Documents proving that the foreign worker does not require a work permit;

4. Within five working days from the date of receipt of complete documents for requesting confirmation of not requiring a work permit, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs shall issue a confirmation letter of not requiring a work permit according to Model No. 10/PLI Appendix I issued together with this Decree. If confirmation is not granted, a reply letter stating the reasons shall be issued.

Section 3

ISSUANCE OF WORK PERMITS

Article 9. Documents for Requesting a Work Permit

2. Health certificate or health examination certificate issued by a competent authority of a foreign country or Vietnam within twelve months from the date of issuance of the health conclusion to the date of submission of the application or a certificate confirming sufficient health status as prescribed by the Minister of Health.

3. Criminal record sheet or a document confirming that the foreign worker is not currently serving a sentence, has not been pardoned, or is currently being investigated for criminal responsibility by a foreign country or Vietnam.

The criminal record sheet or the document confirming that the foreign worker is not currently serving a sentence, has not been pardoned, or is currently being investigated for criminal responsibility must be issued no more than six months from the date of issuance to the date of submission of the application.

4. Documents proving that the individual is a manager, director, expert, technical worker, or certain occupations and jobs as follows:

c) Documents proving the experience of foreign football players or international transfer certificates (ITC) issued to foreign football players or letters from the Vietnam Football Federation confirming temporary or permanent registration for players of Vietnam Football Federation clubs;

d) Pilot license issued by a competent authority of Vietnam or a foreign country and recognized by a competent authority of Vietnam for foreign pilots or professional certificates issued by the Ministry of Transport for flight attendants;

đ) Certificate of professional qualifications in aircraft maintenance issued by a competent authority of Vietnam or a foreign country and recognized by a competent authority of Vietnam for foreign workers engaged in aircraft maintenance;

e) Certificate of professional competence or recognition of such certificate issued by a competent authority of Vietnam for foreign seafarers;

g) High achievement certificate in sports and confirmed by the Ministry of Culture, Sports and Tourism for sports coaches or having at least one of the following qualifications: AFC Level B football coach qualification, AFC Level 1 goalkeeper coach qualification, AFC Level 1 fitness coach qualification, AFC Level 1 indoor football (Futsal) coach qualification, or any equivalent coaching qualification from abroad recognized by AFC.

h) A certificate issued by the competent authority meeting the requirements regarding qualifications and standard levels as stipulated in the Education Law, Higher Education Law, Vocational Education Law, and the Regulations on the organization and operation of foreign language and information technology centers issued by the Minister of Education and Training.

5. Two color photographs (size 4 cm x 6 cm, white background, frontal view, bareheaded, without tinted glasses), taken not more than six months prior to the date of submission of the application.

6. Written approval for the demand to employ foreign workers, except in cases where it is not necessary to determine the demand for employing foreign workers.

a) For foreign workers as provided for in point b, Clause 1, Article 2 of this Decree, there must be a document from the foreign enterprise dispatching them to work at the foreign enterprise's commercial presence in Vietnam and a document proving that the foreign worker has been employed by the foreign enterprise for at least twelve consecutive months before working in Vietnam.

b) For foreign workers as provided for in point c, Clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese party and the foreign party, which includes an agreement on the foreign worker working in Vietnam.

c) For foreign workers as provided for in point d, Clause 1, Article 2 of this Decree, there must be a service provision contract signed between the Vietnamese party and the foreign party and a document proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least two years.

d) For foreign workers as provided for in point đ, Clause 1, Article 2 of this Decree, there must be a document from the service provider dispatching the foreign worker to Vietnam for service negotiations.

đ) For foreign workers as provided for in point e, Clause 1, Article 2 of this Decree, there must be a document from the agency or organization dispatching the foreign worker to work for a foreign non-governmental organization or international organization in Vietnam, except in the case provided for in point a, Clause 1, Article 2 of this Decree, and a license to operate the foreign non-governmental organization or international organization in Vietnam according to the provisions of the law.

9. Application dossier for issuing a work permit for certain special cases:

a) For foreign workers who have already been granted a work permit still in effect and wish to work for another employer in the same job position and job title as stated in the work permit, the application dossier for a new work permit shall include: a confirmation letter from the previous employer stating that the worker is currently employed, the documents specified in Clauses 1, 5, 6, 7, and 8 of this Article, and a certified copy of the previously issued work permit.

The documents specified in Clauses 2, 3, 4, 6, and 8 of this Article must be one original or a certified copy, if from abroad they must be legalized by consular legalization, except in cases exempted from consular legalization under international treaties to which both the Socialist Republic of Vietnam and the relevant foreign country are parties, or on the principle of reciprocity, or as provided for by law; translated into Vietnamese and certified according to the provisions of Vietnamese law.

Article 10. Duration of Work Permit

The duration of the work permit issued shall be based on the duration of one of the following cases but not exceeding two years:

1. The duration of the anticipated labor contract to be signed.

2. The duration for which the foreign entity sends foreign workers to work in Vietnam.

3. The duration of the contract or agreement signed between the Vietnamese and foreign counterparties.

4. The duration of the service provision contract or agreement signed between the Vietnamese and foreign counterparties.

5. The duration stated in the document of the service provider sending foreign workers to Vietnam for negotiating service provision.

6. The duration specified in the operating license of the agency, organization, or enterprise.

7. The duration stated in the document of the service provider sending foreign workers to Vietnam to establish a commercial presence.

8. The duration stated in the document proving that the foreign worker participates in the activities of a foreign enterprise with established commercial presence in Vietnam.

9. The duration stated in the approval document for using foreign workers, except in cases where there is no need to report the demand for using foreign workers as stipulated in point b, Clause 1, Article 4 of this Decree.

Article 11. Procedure for Issuing Work Permits

1. At least fifteen days before the date when the foreign worker is expected to start working in Vietnam, the applicant for the work permit shall submit it to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs at the location where the foreign worker is expected to work, as follows:

a) The employer in the case where the foreign worker works under the form prescribed in points a, b, e, g, i, and k, Clause 1, Article 2 of this Decree;

b) A Vietnamese agency, organization, or enterprise, or a foreign organization or enterprise operating in Vietnam, where the foreign worker comes to work under the form prescribed in points c and d, Clause 1, Article 2 of this Decree;

c) The foreign worker entering Vietnam to offer services, or the person responsible for establishing a commercial presence under the form prescribed in points d and h, Clause 1, Article 2 of this Decree.

3. For foreign workers as prescribed in point a, Clause 1, Article 2 of this Decree, after the foreign worker has been granted the work permit, the employer and the foreign worker must sign a labor contract in writing in accordance with Vietnamese labor laws before the expected date of employment.

The employer must submit the signed labor contract to the competent authority that issued the work permit upon request. The labor contract must be the original or a certified copy.

Section 4

REISSUANCE OF WORK PERMITS

Article 12. Cases for Reissuing Work Permits

1. The work permit still within its validity period is lost.

2. The work permit still within its validity period is damaged.

Article 13. Documents for Requesting Reissuance of Work Permits

1. A request document for reissuing the work permit from the employer according to Model No. 11/PLI Appendix I issued together with this Decree.

2. Two color photographs (size 4 cm x 6 cm, white background, front view, bare head, no tinted glasses), taken not more than six months prior to the date of submission of the application.

3. The work permit still within its validity period that has been issued:

a) In case the work permit is lost as stipulated in Clause 1, Article 12 of this Decree, there must be confirmation from the public security agency at the commune where the foreigner resides or from the competent authority of the foreign country in accordance with the law;

b) In case there is a change in the information recorded on the work permit, proof documents must be provided.

Article 14. Procedure for Reissuing Work Permits

Within three working days from the date of receipt of all documents for requesting reissuance of the work permit, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs will reissue the work permit. In case the work permit is not reissued, a reply document must be issued stating the reasons.

Article 15. Validity Period of Reissued Work Permit

The validity period of the reissued work permit is equal to the validity period of the previously issued work permit minus the time the foreign worker has worked up to the date of requesting the reissuance of the work permit.

Section 5

EXTENSION OF WORK PERMITS

Article 16. Conditions for Extending the Work Permit

1. The work permit already issued still has at least five days but not more than forty-five days remaining in its validity period.

2. Approval from the competent authority for the need to use foreign workers as stipulated in Articles 4 or 5 of this Decree.

3. Proof documents showing that the foreign worker continues to work for the employer in accordance with the contents of the previously issued work permit.

Article 17. Documents for Requesting Extension of Work Permit

1. A request document for extending the work permit from the employer according to Model No. 11/PLI Appendix I issued together with this Decree.

2. Two color photographs (size 4 cm x 6 cm, white background, front view, bare head, no tinted glasses), taken not more than six months prior to the date of submission of the application.

3. The work permit still within its validity period that has been issued.

4. An approval document for the need to use foreign workers, except in cases where it is not necessary to determine the need to use foreign workers.

6. A health certificate or health examination report as stipulated in Clause 2, Article 9 of this Decree.

Article 18. Procedure for extending work permits

1. At least five days but not more than forty-five days before the work permit expires, the employer must submit the application for extension of the work permit to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit.

2. Within five working days from the date of receiving complete application for extension of the work permit, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs shall extend the work permit. In case the work permit is not extended, there shall be a written response stating the reasons.

3. For foreign workers as stipulated in point a, Clause 1, Article 2 of this Decree, after the foreign worker's work permit is extended, the employer and the foreign worker must conclude a written labor contract in accordance with Vietnamese labor laws before the date on which they plan to continue working for the employer.

The employer must send the signed labor contract to the competent authority that extended the work permit upon request. The labor contract must be the original or certified copy.

Article 19. Duration of Extended Work Permit

The duration of the extended work permit shall be according to one of the cases specified in Article 10 of this Decree, but it can only be extended once, with a maximum duration of two years.

Chapter 6

REVOCATION OF WORK PERMIT

Article 20. Cases of Revocation of Work Permit

1. The work permit becomes invalid as prescribed in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 156 of the Labor Code.

2. The employer or the foreign worker does not comply with the provisions of this Decree.

3. Foreign workers during their work in Vietnam do not comply with Vietnamese laws, affecting national security, public order, and social safety.

Article 21. Procedure for Revoking Work Permit

1. In the case prescribed in Clause 1 of Article 20 of this Decree, within fifteen days from the date the work permit becomes invalid, the employer shall revoke the work permit of the foreign worker and return it to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit, along with a written statement detailing the reason for revocation, and if applicable, the situation where revocation is required but cannot be carried out.

2. In the cases prescribed in Clauses 2 and 3 of Article 20 of this Decree, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit shall issue a decision to revoke the work permit according to Model No. 13/PLI Appendix I promulgated together with this Decree and notify the employer who has revoked the work permit of the foreign worker and return it to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit.

3. Within five working days from the date of receipt of the revoked work permit, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs shall issue a confirmation letter confirming the revocation of the work permit and send it to the employer.

Chapter III

RECRUITING AND MANAGING VIETNAMESE WORKERS TO WORK FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

Article 22. Authority to recruit and manage Vietnamese workers for foreign organizations and individuals

1. Organizations authorized to recruit and manage Vietnamese workers for foreign organizations and individuals (hereinafter referred to as organizations authorized to recruit and manage Vietnamese workers) include:

a) Organizations delegated, authorized, assigned tasks, commissioned, or awarded contracts by the Ministry of Foreign Affairs;

2. The organizations specified in point a, Clause 1 of this Article shall recruit and manage Vietnamese workers for foreign organizations and individuals as follows:

a) Foreign organizations specified in points a, b, c, and d, Clause 3, Article 2 of this Decree;

b) Foreign individuals working for foreign organizations specified in points a, b, c, and d, Clause 3, Article 2 of this Decree.

3. The organizations specified in point b, Clause 1 of this Article shall recruit and manage Vietnamese workers for foreign organizations and individuals as follows:

a) Foreign organizations specified in point d, Clause 3, Article 2 of this Decree;

b) Foreign individuals working for foreign organizations specified in point d, Clause 3, Article 2 of this Decree, who have been permitted to reside in Vietnam by competent authorities of Vietnam.

Article 23. Application Form for Recruitment of Vietnamese Workers

1. Labor recruitment application form according to Model No. 01/PLII Appendix II issued together with this Decree.

2. A certified copy of one of the following documents: birth certificate or identity card or citizen identification card.

3. Health certificate or health examination report issued by a competent medical facility valid for a period of 12 months from the date of submission of the application.

Article 24. Procedures and Formalities for Recruiting Vietnamese Workers for Foreign Organizations and Individuals

1. When there is a need to use Vietnamese workers, foreign organizations and individuals may directly recruit them or through employment service organizations, labor leasing enterprises, or organizations authorized to recruit and manage Vietnamese workers.

2. In cases where recruitment is conducted through organizations authorized to recruit and manage Vietnamese workers, foreign organizations and individuals must submit a written request for recruiting Vietnamese workers to the organization authorized to recruit and manage Vietnamese workers. The request must clearly state the requirements for job positions, number of workers, professional technical qualifications, vocational skills, foreign languages, recruitment deadlines, rights and obligations of Vietnamese workers and foreign organizations and individuals during employment and upon termination of employment for each position to be recruited.

Within fifteen working days from the date of receipt of the request from foreign organizations and individuals, the organization authorized to recruit and manage Vietnamese workers shall be responsible for recruiting and managing Vietnamese workers according to the request of foreign organizations and individuals. If, at the end of the aforementioned period, the organization authorized to recruit and manage Vietnamese workers fails to recruit or introduce Vietnamese workers as requested by foreign organizations and individuals, it shall issue a written response stating the reasons.

3. Within seven working days from the date of signing the labor contract with Vietnamese workers, foreign organizations and individuals must notify in writing along with a certified copy of the signed labor contract with Vietnamese workers and the documents specified in Clauses 2 and 4 of Article 23 of this Decree to the organization authorized to recruit and manage Vietnamese workers. If the labor contract has been signed in a foreign language, a Vietnamese translation must be attached.

Article 25. Responsibilities of Vietnamese workers when working for foreign organizations and individuals

1. Comply with Vietnamese labor laws.

2. Fulfill all terms of the labor contract signed with foreign organizations and individuals.

3. Adhere to regulations set by the competent authority responsible for recruiting and managing Vietnamese workers working for foreign organizations and individuals.

Article 26. Responsibilities of foreign organizations and individuals in Vietnam when employing Vietnamese workers

1. Comply with provisions of the Labor Code and current regulations.

2. Fulfill the labor contract signed with Vietnamese workers.

3. By December 15 each year or at any time upon request, foreign organizations and individuals employing Vietnamese workers must annually report on the recruitment and employment of Vietnamese workers for foreign organizations and individuals according to Model No. 02/PLII Appendix II issued together with this Decree. The annual report data period runs from December 15 of the previous reporting year to December 14 of the reporting year and shall be submitted as follows:

a) Foreign organizations and individuals specified in points a, b, c, and d Clause 3 Article 2 of this Decree shall submit their reports to the organization authorized to recruit and manage Vietnamese workers as stipulated in point a Clause 1 Article 22 of this Decree;

b) Foreign organizations and individuals specified in point d Clause 3 Article 2 of this Decree shall submit their reports to the organization authorized to recruit and manage Vietnamese workers as stipulated in point b Clause 1 Article 22 of this Decree.

Article 27. Responsibilities of the organization authorized to recruit and manage Vietnamese workers

1. Accept registration applications of Vietnamese workers and requests for recruitment of Vietnamese workers from foreign organizations and individuals.

2. Organize recruitment, introduction, and management of Vietnamese workers working for foreign organizations and individuals.

3. Participate in training and capacity building for Vietnamese workers in accordance with the law to meet the requirements of foreign organizations and individuals.

4. By December 20 each year or at any time upon request, the organization authorized to recruit and manage Vietnamese workers must report on the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam according to Model No. 03/PLII Appendix II issued together with this Decree. The annual report data period runs from December 15 of the previous reporting year to December 14 of the reporting year and shall be submitted as follows:

a) Organizations delegated, authorized, assigned tasks, ordered, or contracted by the Ministry of Foreign Affairs to recruit and manage Vietnamese workers working for foreign organizations and individuals shall report to the Ministry of Foreign Affairs;

5. Recommend relevant authorities to handle organizations, entities, and individuals violating the provisions of this Decree.

6. Performing other tasks as prescribed by law.

Article 28. Responsibilities of employment service organizations and labor leasing enterprises

Before December 15 each year or at any time upon request, employment service organizations and labor leasing enterprises shall report on the supply of Vietnamese workers or the leasing of Vietnamese workers to work for foreign organizations and individuals in Vietnam according to Model No. 04/PLII attached as Appendix II of this Decree to the competent organization responsible for recruiting and managing Vietnamese workers. The annual reporting period will be from December 15 of the previous year to December 14 of the reporting year.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 29. Effective Date

1. This Decree takes effect from February 15, 2021.

2. Decree No. 11/2016/NĐ-CP dated February 3, 2016, of the Government detailing certain provisions of the Labor Code regarding foreign workers working in Vietnam (hereinafter referred to as Decree No. 11/2016/NĐ-CP), which was amended and supplemented by Decree No. 140/2018/NĐ-CP dated October 8, 2018, of the Government amending and supplementing several Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as Decree No. 140/2018/NĐ-CP) and Decree No. 75/2014/NĐ-CP dated July 28, 2014, of the Government detailing certain provisions of the Labor Code regarding the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, cease to be effective from the date this Decree takes effect.

3. Transitional Provisions:

a) Documents such as approvals for the use of foreign workers, confirmations that they are not required to obtain work permits, and work permits issued, reissued, and renewed in accordance with Decree No. 11/2016/NĐ-CP, as amended and supplemented by Decree No. 140/2018/NĐ-CP, shall continue to be valid until their expiration dates.

b) In cases where employment contracts for foreign workers working in Vietnam have been signed and remain valid before the date this Decree takes effect, they shall continue to be implemented until the work permits issued in accordance with Decree No. 11/2016/NĐ-CP, as amended and supplemented by Decree No. 140/2018/NĐ-CP, expire.

Article 30. Responsibility for Implementation

1. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs:

b) Employers specified in point a, Clause 2, Article 2 of this Decree, who have their main office in one province or city but have representative offices or branches in other provinces or cities, and employers specified in point d, Clause 2, Article 2 of this Decree may choose to implement the approval of the need to use foreign workers; confirmation that they are not required to obtain work permits; issuance, reissuance, extension, and revocation of work permits at the Ministry of Labor, Invalids and Social Affairs.

d) Take the lead and coordinate with relevant ministries, sectors, central agencies, and localities to supervise, evaluate, inspect, and audit annually or at any time upon request the implementation of legal provisions concerning foreign workers working in Vietnam and Vietnamese workers working for foreign organizations and individuals in Vietnam.

e) Take the lead and coordinate with relevant ministries, sectors, central agencies, and localities to guide, publicize, collect information, study, and assess the effectiveness of implementing this Decree.

f) Summarize and report to the Prime Minister on foreign workers working in Vietnam and Vietnamese workers working for foreign organizations and individuals in Vietnam when requested.

g) Propose and handle violations by agencies, organizations, and individuals violating the provisions of this Decree.

2. Responsibilities of the Ministry of Foreign Affairs:

a) Take the lead and coordinate with central and local agencies to guide, publicize regulations on the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam within the scope of management of the Ministry of Foreign Affairs.

b) Manage organizations authorized, delegated, assigned tasks, commissioned, or tendered by the Ministry of Foreign Affairs for the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

c) Guide the implementation of the recruitment and management of Vietnamese workers working for foreign organizations and individuals as stipulated in points a, b, c, and d, Clause 3, Article 2 of this Decree.

d) Before December 30 each year or at any time upon request, the Ministry of Foreign Affairs shall send the Ministry of Labor, Invalids and Social Affairs an annual report on the recruitment and management of Vietnamese workers working for foreign organizations and individuals within its scope of management according to Model No. 03/PLII attached as Appendix II of this Decree. The annual reporting period will be carried out in accordance with the government's regulations on the reporting system of administrative agencies.

Coordinate with competent authorities to manage foreign workers, Vietnamese workers working for foreign organizations and individuals, and foreign organizations using Vietnamese workers to implement legal provisions ensuring national security, social order, and safety in border areas, ports, islands, strategic regions, key areas, and defense-sensitive areas.

4. Responsibilities of the Ministry of Public Security:

b) Cooperate with competent authorities managing Vietnamese workers working for foreign organizations and individuals in Vietnam and foreign organizations and individuals employing Vietnamese workers to implement legal provisions on ensuring national security, public order, and social safety.

5. Responsibilities of the People's Committee of provinces and centrally governed cities:

a) Manage and guide agencies and organizations at the local level to implement legal provisions on foreign workers working in Vietnam and Vietnamese workers working for foreign organizations and individuals in Vietnam;

b) Direct functional agencies at the local level to organize the dissemination and popularization of laws; inspect, audit, and handle violations according to legal provisions on the recruitment, management of foreign workers, and Vietnamese workers working for foreign organizations and individuals in Vietnam within their jurisdiction;

b) Employers specified in point a, Clause 2, Article 2 who have their headquarters in one province or city but have representative offices or branches in other provinces or cities, and employers specified in point d, Clause 2, Article 2 of this Decree may choose to implement the approval of the need to use foreign workers; confirmation of not being subject to work permit issuance; issuance, reissuance, extension, and revocation of work permits at the Department of Labor, Invalids, and Social Affairs;

c) When receiving applications for issuance, reissuance, extension of work permits; confirmation that foreign workers are not subject to work permit issuance must be recorded in the tracking book according to Model No. 14/PLI Appendix I issued together with this Decree and issue a receipt to the employer. The receipt must clearly state the date, month, year of receipt of the application; the documents included in the application and the deadline for response;

d) In cases where confirmation of not being subject to work permit issuance; issuance, reissuance, extension of work permits is not granted, respond in writing according to Model No. 15/PLI Appendix I issued together with this Decree;

đ) Take the lead and coordinate with local agencies to guide and disseminate this Decree;

e) Implement state management over foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals within the scope of their management;

h) Inspect, audit, and supervise the implementation of legal provisions on foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals within the scope of their management;

i) Before December 30 each year or at any time when required, the Department of Labor, Invalids, and Social Affairs reports to the Ministry of Labor, Invalids, and Social Affairs on the situation of recruitment and management of Vietnamese workers working for foreign organizations and individuals within the scope of their management according to Model No. 03/PLII Appendix II issued together with this Decree. The time for finalizing annual report data shall be carried out in accordance with the Government's regulations on the reporting system of administrative agencies;

7. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally governed city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree./.